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<br /> 7.1.7 CONSULTANT hereby agrees to protect, defend, indemnify
<br /> and hold OWNER and its employees, agents, officers and servants free
<br /> and harmless from any and all losses, claims, liens, demands and causes
<br /> of action of every kind and character including, but not limited to,
<br /> the amounts of judgments, consequential and/or incidental damages,
<br /> penalties, interests, court costs, legal fees, and all other expenses
<br /> incurred by OWNER arising in favor of any party, including claims,
<br /> liens, debt s, damages and expenses resulting from personal injuries,
<br /> including employees of OWNER, death or damages to property (incl uding
<br /> property of OWNER) and without limitation by enumeration, all other
<br /> claims or demands of every character occurring, resulting, or arising
<br /> from any negligent or intentional wrongful act, error or omission of
<br /> CONSULTANT or its agents or employees. CONSULTANT agrees to
<br /> investigate, handle, respond to, provide defense for and defend any
<br /> such claims, demand, or suit at the sole expense of CONSULTANT. The
<br /> indemnity required hereunder shall not be limited by reason of the
<br /> specification of any particular insurance coverage in this AGREEMENT.
<br /> CONSULTANT further agrees to obtain from its contractors,
<br /> subcontractors and consultants the same indemnification in writing of
<br /> OWNER as stated hereinabove.
<br /> 7.1.9 CONSULTANT is not responsible, and liability is waived
<br /> by the OWNER against CONSULTANT, for use by OWNER of any plans or
<br /> drawings not signed and sealed by CONSULTANT.
<br /> ARTICLE 8
<br /> CONTROL BY OWNER
<br /> 8.1.1 It is understood and agreed that the OWNER shall
<br /> instruct the CONSULTANT, in writing, to proceed with the Work, except
<br /> that the execution of the contract shall serve as authority to proceed
<br /> with the work included in Phase 1.
<br /> 8.1.2 It is also understood that the CONSULTANT will not
<br /> furnish construction line and grade surveys unless the OWNER so
<br /> instructs the CONSULTANT, in writing, to do so.
<br /> ARTICLE 9
<br /> CONTRACT NOT ASSIGNABLE
<br /> 9.1.1 This Agreement shall not be assignable in whole or in
<br /> part without the consent of the OWNER.
<br /> ARTICLE 10
<br /> ACCESS TO RECORDS
<br /> 10.1.1 The OWNER, the Federal Aviation Administration, the
<br /> Comptroller General of the United States, or any of their duly
<br /> authorized representatives shall have access to any books, documents,
<br /> papers, and records of the CONSULTANT which are directly pertinent to
<br /> this PROJECT for the purpose of making audit, examination, excerpts,
<br /> and transcriptions.
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